An advisory board must meet when called by the executive director or commission presiding officer, may meet by teleconference if public access conditions are met, and must recess or adjourn if visibility or audibility fails.
Sec. 51.209. ADVISORY BOARDS; REMOVAL OF ADVISORY BOARD MEMBER. (a) This section applies to any advisory board appointed to advise the commission or department regarding a program subject to regulation by the department. (a-1) An advisory board shall meet at the call of the executive director or the presiding officer of the commission. (a-2) An advisory board may meet by telephone conference call, videoconference, or other similar telecommunication method, provided that each portion of the meeting that is required to be open to the public shall be audible to the public and, in the case of a meeting held by videoconference, visible to the public. If a problem occurs that causes a meeting to no longer be visible or audible to the public as required under this subsection, the meeting must be recessed until the problem is resolved. If the problem is not resolved in six hours or less, the meeting must be adjourned. The face of each participant in a meeting held by videoconference, while that participant is speaking, must be clearly visible, and the participant's voice must be audible, to each other participant and, during the open portion of the meeting, to the members of the public. A meeting held by telephone conference call, videoconference, or other similar telecommunication method is not subject to the requirements of Sections 551.127(a-3), (b), (c), (e), (f), (h), (i), and (j), Government Code. (b) An advisory board member who was appointed by the presiding officer of the commission with the commission's approval may be removed from the advisory board by the presiding officer with the commission's approval on any of the following grounds: (1) the member does not have at the time of becoming a member of the advisory board the qualifications required by the law or rule authorizing appointment of the member; (2) the member does not maintain during service on the advisory board the qualifications required by the law or rule authorizing appointment of the member; (3) the member cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; (4) the member is absent from more than half of the regularly scheduled advisory board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the advisory board; or (5) the member is unfit to continue serving on the advisory board. (c) The validity of an action of an advisory board is not affected by the fact that it is taken when a ground for removal of a member exists. (d) Notwithstanding any other law, Chapter 2110, Government Code, does not apply to an advisory board established to advise the commission or department. Added by Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 2, eff. September 1, 2009. Amended by: Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.04, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 613 (H.B. 3743), Sec. 4, eff. September 1, 2023.